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i6th Congress, 

1st Session. 



151. 



SENATE. 



Report 
No. 173. 



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GRAVES OF AMERICAN TROOPS IN FRANCE. 



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September 5, 1919. — Ordered to be printed. 



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^[r. Wadsworth, from the Committee on Military Affairs, submitted 

the following: 



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HEPORT 

[To accompany S. 2923.) 

The Committee on Military Affairs, to which was referred the bill 
(S. 2923) to provide funds for the care and maintenance of the 
graves on foreign soil of members of the military forces of the United 
States has had the biU under consideration and recommends that 
it pass. 

The effect of the bill is to make available for the purpose of caring 
for the graves of American soldiers abroad of $200,000 of an appro- 
priation aheady made in the last sundry civil act for the disposi- 
tion of the remains of officers, soldiers, and civilian employees of the 
War Department. The situation to be met is fuUy explained by 
the Secretary of War in a letter addressed by him to the chairman of 
the committee under date of August 20, last, which is as follows: 

August 20, 1919. 
The Chairman Military Affairs Committee, 

United States Senate. 

My Dear Senator: Under date of July 8, 1919 a cablegram was received from 
Gen. Pershing in which he gave an outline of the steps that had been taken by the 
cemeterial branch to maintain and care for the graves of American dead buried in 
Europe. The arrangements made by Gen. Pershing in regard to this matter were 
approved on July 18, 1919, and he was advised that the military attaches to Great 
Britain and Italy would be directed to super\-ise the maintenance and care of graves 
'n tnose countries, under instructions and regulations to cover these cases that were 
then being drafted in the War Department. 

In considering all the points raised in Gen. Pershing's cablegram it was apparent 
that funds would be needed for the purpose of carr\ang his recommendations into 
effect and upon looking into the matter it was found that under an opinion of the 
judge Advocate General, dated May 15, 1919, published in Digest of Opinions of the 
Judge Advocate General of the Army of May 15, 1919, there is no aporopriation 
available to carry these instructions and recommendations into effect, and that special 
authorization for that purpose must be made by Congress. 



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If this is to be done, it is the opinion of the War Department that it was the intentj 
of Congress to have the matter of caring for the graves of American dead provided for^. 
from the appropriation "Disposition of remains of officers, soldiers, and civilian 
employees, " as provided for in Public No. 21, Sixty-sixth Congress, H. R. 7343. 
This conclusion was reached not so much in the wording of the appropriation as from 
the fact that the appropriation for 1920 is $8,451,000 as against an initial appropriation 
of 8250,000 for 1919 and a deficiency of $710,000. 

The question of whether or not funds from the appropriadon above referred to 
were available for the maintenance and care of the graves of the American dead 
buried in Europe was taken up informally with the Comptroller of the Treasury and 
he was of the opinion that more specific authorization from Cc ngress should be given 
than is contained in the wording of the bill under which the a))propriation was made. 

In order, therefore, to meet the requirements of the accounting officers of the Treas- 
ury in regard to expenditures from the appropriation referred to for the above purpose, 
may I ask that you take the necessary steps to have the proposed draft of a bill, here- 
with, enacted into law? No additional appropriation of funds is sought in the legisla- 
tion requested. 

Cordially, yours, 

Newton D. Baker. 

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